Janus v. AFSCME is a very, very big deal. ….
…. On Wednesday, the Supreme Court issued what is probably its single most consequential ruling of the year. Janus v. AFSCME is a devastating blow against public sector unions, barring them from charging “agency fees” to the public employees for whom they negotiate pay increases and benefit bumps if those employees decline to join the union as full members.
Now, teachers unions, police unions, and more will be forced to lobby public employees to pay full union dues, even though those employees will get the same benefits from the union if they pay nothing at all.
You can read our full explainer on the case here, but it’s worth diving into the actual language of Justice Samuel Alito’s 5-4 majority opinion and Justice Elena Kagan’s dissent in more detail to understand exactly why the Court decided to make the whole United States adopt a “right-to-work” policy when it comes to public employees.
1) The Court has overruled a decision it made in 1977 ….
2) The Court’s conservatives view making public employees pay agency fees as an unacceptable First Amendment violation ….
3) Alito doubts that this decision will hurt public-sector unions as much as they fear ….
4) Alito is deeply worried about the political economy effects of public unions ….
5) Public employee union membership has to be opt-in now, not opt-out ….
6) Kagan argues this ruling throws stare decisis out the window ….